MICHEL MARTIN, HOST:
Abortion access in Missouri is in limbo. Voters passed a constitutional amendment last month to allow abortion until the point of fetal viability. That's usually about 24 weeks into a pregnancy. But current laws are still on the books. And those laws ban abortion even in cases of rape or incest, with exceptions for medical emergencies, so abortion rights supporters are asking a judge to allow abortion access to begin immediately. NPR's Elissa Nadworny is with us now from St. Louis. Good morning, Elissa.
ELISSA NADWORNY, BYLINE: Good morning.
MARTIN: So you were at the hearing in Kansas City yesterday. What happened?
NADWORNY: So abortion rights advocates in the state are asking a judge to issue a temporary order to essentially stop the state from being able to enforce a number of laws that restrict abortion. That ruling is expected by midnight tonight.
MARTIN: So Elissa, voters just passed this amendment to allow abortion, ending the state's ban. It updates Missouri's Constitution. What is the legal fight about?
NADWORNY: Well, voters passed it by a little more than 51%. It was one of several states where voters backed abortion rights. And the amendment is really clear and says, in part, quote, "the government shall not deny or infringe upon a person's fundamental right to reproductive freedom." And it specifically includes abortion care in that. But there are a number of laws here in Missouri, some going back decades, that don't just magically disappear because of the amendment. The near-total ban is one, but also other laws, like a 72-hour waiting period or a law that requires only doctors, and not certified midwives or nurse practitioners, to perform abortions. Planned Parenthood wants these laws struck down. The Republican attorney general aims to keep some of them.
MARTIN: So what is the state saying? How is the state making its case?
NADWORNY: Well, one of the state's arguments is that the right to reproductive freedom includes the right to childbirth, so preventing abortions is part of that. Here's Missouri Solicitor General Josh Divine after the hearing.
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JOSH DIVINE: I'm hoping the judge will just let this go to trial as cases normally do, and we'll be able to show why the other side is not going to win. I mean, we're going to take everything through appeals and fight this all the way.
NADWORNY: And when he says all the way, many expect it to reach the state's supreme court.
MARTIN: So what does this mean for people right now who might be seeking abortions in Missouri?
NADWORNY: So even before the U.S. Supreme Court overturned federal protections for abortion, the laws meant to restrict abortion here made it really difficult to get one. In 2021, there were only about 150 abortions statewide and only one clinic here in St. Louis that performed abortions. And, Michel, this is kind of the story of abortion in the U.S. right now. It's left up to the states. And so there's a patchwork of laws, and it's often hard to understand. Here's Emily Wales, the president and CEO of Planned Parenthood Great Plains, speaking after the hearing.
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EMILY WALES: There's confusion. Many Missourians thought that, after the vote, this issue was resolved, that they had been heard and we'd be able to provide care. We've had calls to our health centers asking if people could come immediately.
NADWORNY: That said, if the judge rules in favor of abortion access, Planned Parenthood says its three locations in the state could begin offering abortions tomorrow.
MARTIN: Meanwhile, as you just told us, the state is still led overwhelmingly by Republicans who oppose abortion rights. What might they do in response to this measure passing?
NADWORNY: Well, lawmakers have already introduced efforts to return the question of abortion restrictions to voters for next year. Sam Lee is a lobbyist who opposes abortion and who has worked in Missouri for decades.
SAM LEE: Because Missouri was so close, many of us in Missouri think we could overturn this if we come up with the right language to put in the Constitution. But we'll have to see.
NADWORNY: And, you know, Michel, he says they'll also keep fighting in the courts regardless of the outcome of this case.
MARTIN: That is NPR's Elissa Nadworny reporting from St. Louis. Elissa, thank you.
NADWORNY: Thank you.
(SOUNDBITE OF MUSIC) Transcript provided by NPR, Copyright NPR.
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